Owner could not vacate tenants of 11 Essex Street. Sion Misrahi, the owner of 11 Essex Street, a five-story residential building with ground floor retail, made multiple requests to Buildings asking for an order to vacate the building to enable its repair in response to an Environmental Control Board “failure to maintain” notice. After sending engineers to investigate the building, Buildings denied the request, finding that the building did not pose an imminent danger, a required finding to issue the notice.

Misrahi appealed to BSA, claiming that the building was “unstable and could collapse at any time.” BSA denied the appeal, determining the building was not in danger of collapse following a site visit in which it found no significant cracks in the walls or chimneys, no bulging in the walls and only slightly unaligned floors. BSA also rejected arguments that the building could not be repaired with tenants present. BSA noted that it appeared Misrahi had delayed repairs out of a desire to gut the entire building.